Interim Order 13

Order Details: COPY OF ORDER
Pdf Text: 6 MACT 7/24
POONAM AND ORS. Vs. GAURAV KUMAR AND ORS.
CNR No. DL-NE-01-000079-2024
7 MACT 8/24
NUTAN VERMA AND ORS. Vs. GAURAV KUMAR AND ORS.
CNR No. DL-NE-01-000078-2024
18.08.2026
Present: Petitioner in person with Sh. Rahul Verma, Ld. Proxy
Counsel.
Sh. S.K. Sharma, Ld. Counsel for R-1 & R-2.
Sh. Indrajeet, Ld. Counsel for R-3/Insurance Company.
Matter received back from Mediation Centre as “unsettled”.
Perusal of judicial file reveals that pleadings of the parties are
complete on record.
Meanwhile, from the pleadings of the parties and the material
on judicial file, following issues are framed:-
(i) Whether deceased died on account of injuries sustained in
accident having taken place on 24.09.2023 at about 10:00 a.m.
at near Akhada Mandir, Avas Vikas, Mandola Vihar within the
jurisdiction of PS Tronica City, Distt. Grahmin Commissionerate
Ghaziabad, UP due to rash and negligent driving of driver of vehicle
no. DL-1GC-8770 i.e. by respondent no.1? OPP
(ii) Whether petitioner is entitled to compensation? If so, to what
amount and from whom? OPP
(iii) Relief.
No other issue arises or pressed for.
Both sides are ready if the evidence shall be recorded through Local
Commissioner.
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In view of the judgment of Hon’ble Supreme Court of India in Gohar
Mohammad Vs. Uttar Pradesh Road Transport Corporation & Ors. 2022 SCC Online
SC 1769, evidence shall be recorded through Local Commissioner.
The cost of evidence shall be borne by the insurance company i.e.
Rs.3,000/- per witness.
Lately, Central Motor Vehicle Rules, 1989 has been amended by way of
Central Motor Vehicles (5th Amendment) Rules, 2022 effective from 01.04.2022. By
way of inclusion of Rule 150A in MV Rules, 1989, concept of Recording of Evidence
by way of Local Commissioner has been introduced.
In the light of the above so as to achieve timely and expedient decision
on this case, with the consent of the parties, a decision is arrived at for recording of
evidence by way of Local Commissioner. The evidence shall be recorded as per under-
mentioned Protocol drafted for this purpose.
‘Protocol for Recording of Evidence through
Court Commissioner in MACT’
A. Statutory Provisions:
Motor Vehicles Act, 1988
Section 169. Procedure and powers of Claims Tribunals -
(1) In holding any inquiry under Section 168, the Claims Tribunal may, subject to any rules that may
be made in this behalf, follow such summary procedure as it thinks fit.
(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence
on oath and of enforcing the attendance of witnesses and of compelling the discovery and
production of documents and material objects and for such other purposes as may be prescribed;
and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of Section 195
and Chapter 26 of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of
adjudicating upon any claim for compensation, choose one or more persons possessing special
knowledge of and matter relevant to the inquiry to assist it in holding the inquiry.
(4) For the purpose of enforcement of its award, the Claims Tribunal shall also have all the powers
of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908 (5 of
1908), as if the award were a decree for the payment of money passed by such court in a civil
suit.
Central Motor Vehicle Rules, 1989
Rule 150A. Procedure for investigation of road accident* - The procedure to be followed for
investigation of all accidents arising out of the use of motor vehicles shall be in accordance with
Annexure-XIII and in the manner of submission and form, including electronic submission on such
Portal as may be specified.
*(Inserted vide Central Motor Vehicles (5th Amendment) Rules 2022 effective from 01.04.2022)
Annexure XIII – Procedure for investigation of Motor Vehicle Accidents -
Clause 29 - In case of non-settlement, the Claims Tribunal shall conduct an enquiry and pass an
award within thirty (30) days*
If the offer of the Insurance Company is not fair or is not acceptable to the claimant(s) or if the
Insurance Company has any defence available to it under law, the Claims Tribunal shall proceed to
conduct an inquiry under Sections 168 and 169 of the Motor Vehicles Act, 1988. The claims Tribunal
shall pass an award after hearing the parties, within nine months from the date of accident.
Clause 30 – Cases where the Insurance Company disputes the liability*
If the insurance company disputes the liability to pay the compensation, it shall disclose the
grounds of defence in Form-XI. If the Claims Tribunal considers the recording of evidence
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necessary, the Claims Tribunal shall conduct an inquiry in terms of Sections 168 and 169 of Motor
Vehicles Act, 1988 to be completed within one year from date of accident. If the Claims Tribunal is
unable to complete the inquiry within one year, it shall record reasons thereof in the award. The
claims Tribunal may direct the recording of the evidence by the Local Commissioner, if the
Insurance Company is willing to bear the fees of the Local Commissioner.
*(Inserted vide Central Motor Vehicles (5th Amendment) Rules, 2022 effective from 01.04.2022)
B. Recording of Evidence by Court Commissioner
1. Preparation for Assignment
i) Recording of evidence in Cases where insurance company disputes the liability
- Recording
of evidence in cases where Insurance Company disputes liability shall be carried out by the
Local Court Commissioner appointed by the Presiding Officer of the Tribunal
Explanation: For reasons to be recorded, Tribunal may retain the case for recording of
evidence before itself.
ii) Appointment of Court Commissioner - As per the protocol, on the date of identification of
issues, the Tribunal shall pass the order for appointment of Court Commissioner.
iii) Copy of order be shared with parties and Court Commissioner - Copy of the order of
framing of issues, appointment of Court Commissioner and the schedule of recording of
evidence shall be supplied to the parties as well as the Court Commissioner.
iv) Parties to cooperate - It is expected of both the sides that they will cooperate with Court
Commissioner as well as with each other in recording of evidence and carry out proceedings
in a cordial manner.
2. Recording of Evidence
i) Filing of list of witnesses- Both sides shall file list of witnesses preferably within Three
Days but not later than one week of identification of issues before the Tribunal while
sharing an advanced copy thereof with the opposite Party/Parties.
ii) Order of assignment of Case to the Court Commissioner- While assigning the case,
Tribunal may pass an Order covering following aspects:
a) Schedule of evidence - Recording of evidence shall start within Ten days of
identification of issues. Evidence shall continue on day-to-day basis, till conclusion.
Claimant shall lead the Evidence First, followed by Respondents chronologically.
Any alteration in schedule for recording of evidence, if needed, shall be decided by the
Court Commissioner as per convenience of all concerned, to the extent possible.
b) Time Period - Claimant’s evidence shall be concluded within Four weeks of initiation.
Respondent’s Evidence shall be concluded within Two Weeks after conclusion of
Claimant’s Evidence.
In case, for any reason the parties are unable to adhere to the time schedule, extension
can be sought from the Tribunal but not beyond additional Two Weeks.
c) Access to Copy of the Trial file - Tribunal shall ensure that the parties as well as the
Court Commissioner are provided access to copy of the File/Document on demand.
d) Examination-in-Chief – The Examination-in-Chief shall be filed by way of affidavit. Its
Copy shall be supplied to opposite party. However, no adjournment shall be granted for
Cross Examination and the same shall be carried out on the day the Affidavit is filed.
e) Production of documents for cross-examination - In case the opposite side is desirous of
production of any document by the witness or any other entity for the purpose of cross-
examination, an application requesting the same shall be moved well in advance before
the Tribunal.
3. Duty of Court Commissioner
i) Place and Time - Court Commissioner shall record evidence either in the sitting space
available in the Court Room or Lawyer’s Chamber or Judges/Bar Library or any other
public place within the Court Complex as mutually agreed by both sides. Evidence shall be
recorded between 10.00 AM to 5.00 PM. It can carry on beyond 5.00 PM as well in case
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both parties agree. It can even be recorded on a holiday if all the stakeholders are
comfortable and agree to the same.
ii) Chronology of recording - Court Commissioner shall proceed to record the examination by
first recording the deposition of litigating party before examining additional summoned
witnesses.
iii) Oath to witnesses - Court Commissioner shall administer oath to the witnesses under
examination as a delegatee of the Tribunal as per Oaths Act, 1969.
iv) Recording of evidence - The evidence shall be preferably typed on a computer.
v) Comfortable sitting space - Witnesses and their Counsel shall be provided comfortable
sitting space by the Court Commissioner.
vi) Exhibition of documents - Court Commissioner shall exhibit all the documents sought to be
proved by a party on record. In case of any objection to exhibition of the documents by
either side, the objection shall be recorded in some detail and left open with an assurance
that mere marking of such exhibits will not be treated as conclusive proof thereof and that
admissibility of such document shall be decided by the referral Tribunal at final stage.
vii) Original documents to be retained by parties - Original documents shall be retained by
parties. Court Commissioner shall sign the exhibits with an endorsement OSR (original seen
and returned) wherever necessary.
viii) Language - Recording of evidence shall preferably be carried out in English or Court
language, as the case may be, unless requested by the parties otherwise.
ix) Adjournments - Once started, the Evidence shall preferably continue on day-to-day basis. In
case of any hardship viz. ill health etc. the case can be deferred but preferably not later than
a week. In case an evidence schedule is fixed and adjournment is sought by the opposite
side, i.e. the side other than who is leading evidence, without 24-hour advance notice, the
cost of that day's proceedings shall be borne by the defaulting party.
Explanation: In case a witness scheduled to be examined or under examination is reported to
be unwell or unavailable, the party leading the evidence shall produce the next witness in
line in the list for recording of evidence.
x) Recording of objections - All the objections raised during cross-examination/re-examination
shall be recorded in the deposition under title objections and shall be left open for the
decision of the Tribunal at the stage of final arguments. Witness shall not refuse to answer
the question asked.
xi) Questions to be allowed - In case Court Commissioner finds any question not related to the
fact and issue, he shall record his objection but shall allow the question to be put and
witness must answer.
xii) No third person intervention - Court Commissioner shall ensure that the witness is not
assisted by his Counsel or any other person while under examination in answering the
questions.
xiii) Recording of demeanour of witness - Court Commissioner shall record the demeanour of
the witness wherever it is found pertinent and necessary for sharing with the Tribunal.
xiv) Copy of evidence - All parties shall be provided uncertified copy of the evidence recorded,
free of cost.
xv) Safe keeping of original deposition - Court Commissioner shall keep the original
depositions in his safe custody till such time they are filed in the Tribunal in original upon
completion of each witness individually.
xvi) Miscellaneous proceedings - Court Commissioner shall maintain a miscellaneous
proceeding sheet for each day of work and shall submit it in the Court at the time of
submission of final report.
xvii) Hostile Witness - In case a witness is sought to be declared hostile, then Court
Commissioner shall refer both the parties to the Tribunal at the earliest and the Tribunal
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shall decide the issue within three days.
4. Miscellaneous
i) Summoning of Witness
a) Summons from Tribunal - In case a litigating party is desirous of summoning a person
for deposition or production of documents, it shall obtain summons from the Tribunal
with an endorsement that such person shall appear before the address of Court
Commissioner on scheduled date, time and place.
b) Diet Money - Diet money shall be paid to such witness by the party desirous of
summoning as per rules.
ii) Advisory to Court Commissioner - While recording the evidence on commission, the Court
Commissioner shall ensure the following:
a) Impartial - Court Commissioner shall conduct himself in an impartial way and
behave in an indiscriminate manner while recording of evidence.
b) Polite - Court Commissioner shall be polite with the witness and other stakeholders
while recording of evidence.
c) Confidentiality - Court Commissioner shall maintain confidentiality during the
whole process.
d) Keeping professional distance - Court Commissioner shall not solicit professional
work from the parties.
e) Integrity - Court Commissioner shall not accept remuneration or any favour in cash
or kind from the parties over and above the honorarium fixed by the Tribunal.
f) Non-judgmental - Court Commissioner shall not criticize the professional conduct
of lawyers and litigating parties on their understanding of law.
g) Punctuality - Court Commissioner shall adhere to time schedules and shall not
make excuses like being engaged in some personal or Court work etc.
h) Coordination - In case of any unforeseen circumstances warranting change of dates
of hearing, for his own case or the request of other side, he shall apprise the other
side in advance via phone call, email, SMS etc.
i) No third-party sharing - Court Commissioner shall not allow the deposition to be
inspected by any third party and shall not share a copy thereof with any stranger
without permission of the Tribunal.
j) Inspection - Court Commissioner shall not allow any party to inspect the recorded
proceedings in his absence.
k) Recusal - In case either of the parties or Counsel for the parties are related or
closely known to Court Commissioner, he/she shall recuse self from the case and
inform the referral Tribunal.
iii) Remuneration of Court Commissioner –
i. Remuneration - In terms of Clause 30 of ‘Procedure for Investigation of Motor
Vehicle Accidents’ under Rule 150A of Central Motor Vehicle Rules read with
Order 18 Rule 4 of the CPC read with Order 26 of the CPC, Court Commissioner
shall be paid remuneration for the work carried out.
ii. Mode of payment - Such remuneration shall be paid by the Insurance
Company/Claimant directly for the work carried out by way of cash, cheque or
digital mode.
iii. Payment by Insurance Company - The cost of Recording of Evidence by both the
sides shall be borne by the Insurance Company, in cases where Offending Vehicle
is Insured.
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iv. Court Commissioner’s Fee - Fee for recording of evidence is fixed at Rs.3,000/-
per Witness, all inclusive.
5. Judicial Intervention during recording of Evidence -
i. Dissolution of hindrances - In case of any conflict resulting into hindrance
recording of evidence, it shall be resolved amicably by the parties at their own level
with the active help of the Court Commissioner.
ii. Closure of Evidence – In case a Party fails to Examine any Witness despite
opportunity, the Court Commissioner or the opposite Party can request the Tribunal
to close the right of the defaulting party to lead Evidence.
iii. Court intervention - However, in case of any unforeseen situation requiring judicial
intervention, Court Commissioner shall fix date and time for joint appearance of
both sides before the Tribunal for removal of any such impediment.
6. Miscellaneous Applications
i. Moving the application - In case either of the parties is desirous of moving any
miscellaneous application it shall share an advance copy with the opposite side and
reply thereof, if any, shall be filed and shared within seven days.
ii Date of hearing - Upon receipt of reply, both the sides shall get the application fixed
for disposal in the Tribunal with the help of Reader of the Court and shall not wait till
next date fixed for hearing.
iii. Evidence not to be stalled - It is clarified that, unless Court Commissioner is of the view
that the interim application moved by either of the parties is such that evidence cannot be
recorded before its disposal, the recording of PE/DE shall continue unabatedly.
Ms. Sheela Aswani, Advocate, Enrolment No. D-669/2004, Seat No.
Seat No. 32, Civil Wing, Tis Hazari Courts, Delhi (mobile No. 9899926880 &
9811108127), is hereby appointed as Local Commissioner and she shall file the
report by the next date.
Copy of the order be given dasti to parties. Copy of order be also
sent to Learned Local Commissioner.
All the parties are directed to examine all the witnesses from
petitioner as well as respondent side within the time framed.
Matter be put up before undersigned after completion of evidence
for further proceedings on 14.01.2027.
(MANISH SHARMA)
PO-MACT/NE/KKD/Delhi/18.08.2026
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